The TOTOPartners site (the "Site") is being provided to you by TOTO USA, Inc., a wholly owned subsidiary of TOTO Ltd., for purposes of providing information, news and e-commerce facility to you about our products and services subject to the following Terms and Conditions of Use of this Site and our services ("Terms and Conditions").
By using and accessing this Site, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of services posted on any individual page of this Site. The Terms and Conditions published within the pages of the Site constitute the entire and only agreement between TOTO USA or TOTO Ltd. (collectively "TOTO USA") and its users and supersede all other communications and agreements with respect to the subject matter herein. Please read this page carefully. If you do not accept the following Terms and Conditions, please do not use this Site or our services. Your continued use of the Site and our services signifies that you have read and understand the Terms and Conditions effective as of the date of your use of the Site. Your rights to use the services provided by TOTO USA are not transferable and are subject to any limits established by TOTO USA.
Changes in Terms and Conditions and Changes in the Site.
TOTO USA reserves the right to revise or remove any part of the Terms and Conditions at its sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. The Site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms and Conditions, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
Acceptance of Term of Use.
a. User age and access. By using this Site you represent that you are a United States of America resident over the age of 18. If you are under the age of 18, you are not eligible to use our services; please do not use this Site. You are also responsible for, and must make your own arrangements for, the provision and payment of all telephone and other equipment and services necessary to access TOTO USA.
b. Registration. In order to use certain portions of our Site you are required to register with TOTO USA. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, telephone number, e-mail address and certain other information. You will be asked to choose an account name and a password or identification number. It is your responsibility to keep your account number and password secure. Please do not share your account number or password with others. Anyone who has your account number and password can access our services and freely obtain or tamper with any information posted in your account.
c. License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of TOTO USA, Inc. TOTO USA claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on the Site and you may not assign or sublicense this license.
d. Trademarks and Copyrights. "TOTO" and the representative TOTO USA logo and related marks are service marks or trademarks of TOTO USA. All rights are reserved. All other trademarks or copyrights appearing on the Site are the property of their respective owners. Any mark, trademark, product name, company name or logo appearing on the Site may be used only with the written permission of the respective owner, obtained in advance of your use. You may not alter or remove any trademark, copyright or other notice from copies of the content. Unless otherwise instructed, any other use of the Materials is strictly prohibited.
e. Manufacturer and Product Information. The manufacturer and product information and specifications that are provided on our Site are for your information only. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION PROVIDED IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. You should always verify the model and product information when you request information; if more than one model number appears, it means that there may be differences between the models including functions or dimensions. Letters in model numbers do not necessarily refer to product color. Drawings and diagrams may not be to scale, so you should not rely on them. Although we endeavor to keep our product lists current, some products listed may no longer be available and some information provided may not be current, or may have changed since the last time you viewed the information. You should always verify national and local codes, as they may affect your ability to use certain products or models. All specific questions about products and availability should be addressed to the manufacturer of the particular product.
f. Placing Orders: You expressly understand and agree that any orders placed through the Site for sales tools and literature are not purchased for resale.
You expressly understand and agree that in addition to the disclaimers set forth below, TOTO USA disclaims all warranties, express or implied, including but not limited to the implied warranty of merchantability and fitness for a particular purpose, for any sales tools and literature purchased.
The contracts made by TOTO USA with vendors, couriers, postal authorities or any other third party for fulfillment of the orders received by TOTO USA are made for and on behalf of the user(s) of the Site who have placed those orders and at no time will TOTO USA be responsible or liable for any act done in the fulfillment of those orders.
You expressly agree to use your own valid credit card. Use of a credit card belonging to a third party (with or without authority) is not permitted. You hereby indemnify TOTO USA for any claims/damages made by a third party claiming ownership of and/or alleging misuse, fraud or theft of his/her credit card or for any claims/damages made by a credit card issuing Company or Bank in connection with the use/misuse of the credit card and you irrevocably accept full responsibility to pay/reimburse TOTO USA for all such claims, damages or costs including any legal fees of its attorneys and/or other advocates.
To the extent that you provide your credit card information on the Site or via telephone, facsimile or email and request a charge to your account for a transaction, you expressly authorize TOTO USA and its credit card processing facility to charge your cre